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49. 1875. Of the laws of eighteen hundred and seventy-five.
Chapters three and thirty-two.
Section five of chapter forty-nine.

All of chapters fifty-two, one hundred and twenty-seven, one hundred and thirty-one, one hundred and thirty-nine, and one hundred and sixty-seven.

Sections one and four of chapter two hundred and fifty-one.
All of chapter three hundred and sixty-six.

All of chapter four hundred and seventy-nine, except section forty-one thereof, sections forty-three to fifty-two thereof, both inclusive, and sections fifty-four and fifty-five thereof.

All of chapter six hundred and sixteen.

§ 2. Repeal by last preceding section, effect of. The repeal, by the last preceding section, of the portions of the Revised Statutes and of the Code of Procedure therein specified, effects also the repeal of so much of the existing laws as expressly amends the portions so repealed, by adding to or otherwise altering the text thereof. The description contained in the last preceding section of statutes, other than the Revised Statutes or the Code of Procedure, refers to the statutes as they appear in the volumes of the laws of each session, printed and published by the State printer until the year eighteen hundred and forty-two, and after that year under the direction of the Secretary of State.

$ 3. Qualifications in relation to repeal. The repeal, effected by the first section of this act, is subject to the following qualifications:

1. It does not render ineffectual, or otherwise impair, any proceeding in an action or special proceeding, taken, according to any provision of the existing laws, before this act takes effect; and, where it would render ineffectnal, or otherwise impair such a proceeding, that provision must be deemed to remain unrepealed, for the purpose of avoiding such a result.

2. It does not affect any lawful act done, or right accrued or established, 'before this act takes effect; but every such act or right remains as valid and effectual as if this act had not been passed.

3. It does not affect any offense committed, or penalty or forfeiture incurred, before this act takes effect; except that the proceedings in a civil action or special proceeding, brought by reason thereof, are subject to the provisions of the laws in force after that time.

4. It does not affect the jurisdiction, power, or authority of any court or judge in a criminal action or special proceeding, nor does it affect any future proceeding, taken, according to the existing laws, in such an action or special proceeding, except as otherwise prescribed in subdivision eighth of this section, or in the act chapter four hundred and forty-nine of the laws of eighteen hundred and seventy-six, entitled "An act explaining, defining and regulating the effect and application of, and otherwise relating to, the act, passed at this session, of the Legislature, entitled 'An act relating to courts, officers of justice and civil proceedings.'

5. It does not affect the jurisdiction, power or authority of the court of common pleas for the city and county of New York, in an appeal from a determination of the marine court of the city of New York, or of a district court of that city, or any proceeding upon such an appeal.

6. It does not affect the power or authority of a court, other than the supreme court, a superior city court, the marine court of the city of New York, or a county court, in an action or special proceeding of which such a court retains jurisdiction under the laws in force after this act takes effect; nor does it affect any future proceeding taken, according to the existing laws, in such an action or special proceeding, except as otherwise prescribed in the act specified in subdivision fourth of this section.

7. It does not affect the jurisdiction, power or authority of a mayor's or recorder's court, or of a judge thereof, in or over an action or special proceeding commenced in such a court before this act takes effect; nor does it afect any future proceeding taken, according to the existing laws, in such an action or special proceeding, except as otherwise prescribed in the act since fied in subdivision fourth of this section.

8. It does not affect any list or drawing of grand or petit jurors, or the ballots containing their names, prepared or made according to the existing laws, until a new list or new ballots are prepared, or a new drawing is made, as prescribed in the act, chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, entitled "An act relating to courts, officers of justice and civil proceedings," and in the act specified in subdivision fourth of this section. Nor does it affect the qualifications or exemptions of grand or petit jurors until the provisions of those acts relating to the sams subjects take effect.

9. It does not affect an execution issued out of a court of record, before this act takes effect; or the proceedings taken by virtue of such an execution, including the sale of property and the redemption of real property, OF a chattel real, sold by virtue thereof. All such proceedings are governed by the provisions of the existing laws relating thereto; which provisions, for that purpose, remain in force as if this act had not been passed.

10. It does not affect any provisions of the existing laws prescribing the place or places where one or more tering of a court, other than the terms of the court of appeals, or the general terms of the supreme court, must or may be held.

11. Except as otherwise prescribed in section two of this act, the repeal of any provisions of the existing laws, which has* been amended by a Pubsequent provision of those laws, not expressly repealed by this act, does not affect the subsequent provision.

12. The repeal of any provision of the existing laws does not revive any law repealed by the latter.

13. The repeal of a law heretofore repealed is not to be construed as a declaration or implication that the repealed law has been in force at any time subsequent to the formal repeal.

14. The repeal of a portion of a law is not to be construed as reviving any other portion of that law which has been expressly or impliedly repealed by a law subsequently enacted.

15. Where a provision of the existing laws, incorporated into or adopted, or otherwise referred to, in any provision of the existing laws remaining in force after this act takes effect, is repealed, that provision, nevertheless, remains in force for the purpose to which it is so referred to, and for no other, except that where it has been revised in and made a part of the act chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, entitled “An act relating to courts, officers of justice and civil proceedings,” the reference is to be construed as applying to the appropriate provisions so revised.

16. The repeal of any of the existing laws creating, or otherwise relating to, an office or employment, where the same, or a corresponding office or employment is provided for or recognized in the act specified in subdivision fifteen of this section, or in any of the existing laws remaining in force after

* So in the original

this act takes effect, does not create a vacancy therein, or affect the compensation of the incumbent.

17. The repeal of the laws conferring upon a graduate of the law department of the University of Albany, or of the law school of Columbia College, or of the law department of Hamilton College, or of the law department of the University of the City of New York, the right to be admitted to practice as an attorney and counsellor at law, upon the production oilis diploma, does not affect the right of a person who was a student in, or was graduated ly, either of those departments or schools, on or before the first day of April, eighteen hundred and eighty, to be so admitted at any time within one year after this amendatory act takes effect, upon his complying with the exisiing laws, as hereinafter defined, relating to the admission of such graduate to practice; nor does the repeal of said luws, or of chapter four hundred and eighty-six of the laws of eighteen hundred and serenty-one, afiect the right of any other person, who, but for the repeal of the said law or lows, would hare been entitled to be admitted as an attorney and counsellor at law, at any time on or before the first day of October, eighteen hundred and eighty-one, to be so admitted as an attorney and counsellor at law, within one year after this amendatory act takes effect, upon his complying with the existing laws, as defined in section four of the act as hereby amenleil, relating to the admission of such a graduate of person to practice, or upon the production of a license, granted to any such person, by the supreme court, at a general term thereof, permitting such person to practice as an attorney. [This subd. thus amended by L. 1881, ch. 25.] (a)

$ 4. "Existing laws" defined. The term "existing laws," as used in this act, designates the statutes of the State remaining unrepealed on the day before this act takes effect.

S 5. Act takes effect September 1, 1877. This act shall take effect on the first day of September, eighteen hundred and seventy-seven.

"

(a) The amendments of 1981 consist of the addition (to the subel. as originally enactel; of the roriis in italics. liy $ 2 of the act of 1881, it takes eifect immediately. This ameniment, as the latest, superseiles the following acts, each of which amended this mudivision, viz.: L. 675, ch, 126; L. 1079, chs. 35, 237 and 319; L. 1530, ch. 58.

722

REPEALING ACT OF 1880.

L. 1880, CH. 245.

AN ACT repealing certain acts and parts of acts.

PASSED May 10, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The following acts and parts of acts heretofore passed by the Legislature of the State are hereby repealed, namely:

1. Revised Statutes. Of the first part of the Revised Statutes:

(1.) Title fourth of chapter fifth; except sections fourteen and fifteen and article fourth, thereof.

(2.) The following portions of chapter eighth :
Sections ten to fourteen, both inclusive, of title fifth.
All of title seventh.
(3.) Titles twelfth and thirteenth of chapter ninth.

4.) The final clause of section four of title fourth of chapter eighteenth, beginning with the words, “and whenever any incorporated company shall have remained."

2. Revised Statutes. Of the second part of the Revised Statutes:
(1.) The following portions of chapter first:
Sections eighteen to twenty-four, both inclusive, of title third.
Sections four, five, and six, of title fourth.
Section three, and sections five to nine, both inclusive, of title fifth.
(2.) The following portions of chapter fifth:
All of title first; except article eighth thereof.
All of title second.
(3.) The following portions of chapter sixth:

All of title first, except sections one, two, three, four, five, twenty-one and twenty-two, sections forty to fifty-three, both inclusive, and sections sixtynine, seventy and seventy-one thereof.

All of title second, except sections three, four, five, fifteen, sixteen, twenty one, twenty-seven, twenty-eight, twenty-nine, thirty-two, thirty-three thirty-four and sixty thereof.

The following portions of title third, namely: Sections seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, thirty-one, thirty-two, and thirtyeight; the concluding portion of section thirty-nine, beginning with the words “but may prove such notice;” sections forty to forty-two, both inclusive; sections fifty-two to fifty-six, both inclusive; the concluding portion 'of section fifty-eight, as amended by chapter three hundred and sixty-two of the laws of eighteen hundred and sixty-three, beginning with the words: “ Biit if the personal estate;” all of sections fifty-nine to seventy-four, both inclusive, and sections eighty, eighty-one, eighty-two and eighty-three.

All of title fourth except sections fifty-five and fifty-eight thereof.

All of title fifth, except sections one to six, both inclusive, and section twenty-three thereof.

(4.) The following portions of chapter eighth: All of title first, except article first thereof, and section forty-nine thereof.

All of title third, except sections one, two, three, twenty and twenty-one, thereof.

3. Revised Statutes. The third part of the Revised Statutes, except the following portions thereof:

(1.) Of chapter first.
Articles first and second of title first.
Sections twenty-eight to forty-four, both inclusive, of title fourth.

Sections four, five, six, seven, twenty-one, twenty-four, twenty-five, twentyseven, twenty-eight and twenty-nine of title fifth; so much of section twenty as fixes the places, where the courts of common pleas and general sessions shall be held; and so much of sections eleven and fourteen thereof, as relate to courts of general sessions.

(2.) Of chapter second.

Sections twenty-three, twenty-four, two hundred and thirty-one, two hundred and sixty-eight, two hundred and sixty-nine, and two hundred and seventy of title fourth.

(3.) Of chapter third.

Sections forty, forty-one, forty-four, forty-five and forty-eight, and sections fifty-four to sixty-one, both inclusive, of title second.

(4.) Of chapter seventh.
Section sixty-three to seventy, both inclusive, of title third.
(5.) Of chapter eighth.
Sections one, two, eleven, seventeen and eighteen of title third.

The following portions of title fourth, namely: Section forty-two, which is hereby made applicable to a permanent receiver appointed as prescribed in section seventeen hundred and eighty-eight of the Code of Civil Procedure; sections sixty-six to eighty-nine, both inclusive, which are hereby made applicable to a receiver appointed as prescribed in section twenty-four hundred and twenty-nine of the Code of Civil Procedure; and sections one hundred and two to one hundred and six, both inclusive.

All of title eleventh.
All of title sixteenth.

Sections twenty-seven, twenty-eight, twenty-nine, thirty, thirty-two and thirty-five, of title seventeenth.

(6.) Of chapter tenth.
Sections one, forty-one, forty-two, and fifty-one, of title third.
Sections one, two and four, of title third.

4. Pleadings and proceedings of the courts of this State. The act entitled "An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State," passed April twelfth, eighteen hun

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